Terms and Conditions
The CareAllianz terms & conditions (updated June 2022) outline Nurse and Your obligations/responsibilities on the CareAllianz Platform. In this update to our Terms and Conditions, Nurse has updated information as a result of its new COVID-19 Vaccination Badge.
Nurse operates an online platform allowing Users to connect through the CareAllianz Platform with other Users who provide Services.
All defined terms in this Agreement have the meaning given to them in the Nurse Glossary.
1. SCOPE OF CAREALLIANZ SERVICES
1.1 CareAllianz provides a Platform to enable patients to search and select certified healthcare professionals (nurses) who have home care needs.
1.2 Nurses may accept the job requested by the patient. Some parts of nurse details may be made publicly available, including to internet users who are not Users.
1.3 A patient may revoke or modify the job at any time before he/she accepts the job. Nurse reserves the right to cancel the job before 24hrs of the commencement of the job.
1.4 If a Nurse accepts the job on the CareAllianz Platform, a job Contract is created between the Nurse and the Patient.
1.5 Upon completion of a Job , the patient must pay the Agreed Price set by nurse while selecting him/her only when the job is complete via the CareAllianz mobile app only which uses 3rd party secure payment gateway.
1.6 Upon completion of the job , Nurse has rendered Nurse Services and the Service Fee is transferred directly to the nurse bank account minus the CareAllianz platform fee.
1.7 Once the job Contract is created, the Nurse and patient may vary the time (increase the time only) of the job Contract on the CareAllianz Platform. The nurse if there is additional job which has been done the patient can add additional charges at the time of payment directly on the app. The patient and Nurse are encouraged to use Nurse private messaging system to communicate in re to job and not share any personnel contact information due to security and insurance concerns.
1.8 Once the job start, the OTP from the patient to Nurse must be provided on the CareAllianz Platform.
1.9 Once the job complete, the OTP from the patient to Nurse must be provided on the CareAllianz Platform.
1.10 After the job is completed, the parties are encouraged to review and provide feedback of the Services.
2. CAREALLIANZ ROLE AND OBLIGATIONS
2.1 CareAllianz provides the Care Platform only, enabling patients to select a nurse and request care. Nurse’s are “not” employee of the CareAllianz and act and perform their duties on their own. The agreement is on principal to principal basis.
2.2 CareAllianz only permits individuals over 18 years of age to become nurses and only nurses who are currently working as a nurse or have right qualification and registration in place will be allowed on the CareAllianz platform.
2.3 Nurses must be natural persons, but can specify within their account description that they represent a business entity or where they currently work at a hospital.
2.4 At its absolute discretion, CareAllianz may refuse to allow any patient/nurse to register or create an account with CareAllianz or cancel or suspend or modify any existing account on the CareAllianz platform. Including any breach of this Agreement is detrimental to the operation of the CareAllianz Platform.
2.5 Registering and creating an account on the CareAllianz Platform is free. There is no charge for a patient to request care, or for other CareAllianz Users to review content on the Nurse Platform, including Posted jobs.
2.6 CareAllianz accepts no liability for any aspect of the patient and Nurse interaction, including but not limited to the description, performance or delivery of Services.CareAllianz only provides a platform for connecting the patient and the nurse.
2.7 CareAllianz has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Nurses to perform jobs or supply items, or the honesty or accuracy of any information provided by patients or the patients' ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the Nurse Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
2.9 CareAllianz has no obligation to patient/nurse to assist or involve itself in any dispute between Users, although may do so at its own discretion to improve User experience and resolve issues to provide the best service.
2.10 You understand and agree that Nurse on the CareAllianz platform uploads her or his credentials on their own and CareAllianz does not undertake any investigation in relation to any Nurse or third party service provider before they are admitted to the platform, including criminal checks, verification of qualification or license held, or any character or other checks of the suitability of a Nurse or third party service provider to perform any job which they may claim to be able to provide on the platform.CareAllianz does gather all the information and documents from the nurse but You understand and agree that you are solely responsible for looking at the documents and understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about choosing a Nurse. You agree to assume all risks and you agree to expressly release, indemnify and hold harmless CareAllianz from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the services.CareAllianz only provides a platform for connecting the nurse and the patient and does not guarantee any services of the nurse his or her credentials, qualifications, experience etc. Which is and must be assessed by you on your own free will and using your own source and additional information.
3. USER OBLIGATIONS
3.1 You will at all times:
(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the CareAllianz Platform;
(c) ensure that You are aware of any laws that apply to You as a patient or Nurse, or in relation to using the CareAllianz Platform.
3.2 You agree that any content (whether provided by Nurse, a User or a third party) on the CareAllianz Platform may not be used on third party sites or for other business purposes without CareAllianz prior permission.
3.3 You must not use the CareAllianz Platform for any illegal or immoral purpose.
3.4 You must maintain control of Your Nurse/Patient account at all times. This includes not allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
3.5 You grant CareAllianz an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the CareAllianz Platform for the purpose of publishing material on the CareAllianz Platform and as otherwise may be required to provide the Service, for the general promotion of the CareAllianz Service, and as permitted by this Agreement.
3.6 You agree that any information posted on the CareAllianz Platform must not, in any way whatsoever, be potentially or actually harmful to Nurse/patient or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Nurse/patient.
3.7 Without limiting any provision of this Agreement, any information You supply to CareAllianz or publish in an Offer or a Posted job (including as part of an Offer) must be up to date and kept up to date and must not:
(a) be false, inaccurate or misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen items;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in CareAllianz sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Nurse Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information.
3.8 Nurse Platform may from time to time engage location-based or map-based functionality. The CareAllianz Platform may display the location of patients and Nurses to persons browsing the CareAllianz Platform.
3.9 If You are a Nurse, You must have the right to provide Services under a job Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment received under a job.
3.10 You must not, when supplying Services, charge a patient any fees on top of the agreed charge.
3.11 You must not request payments outside of the CareAllianz Platform from the patient for the Services.
3.12 If a Nurse agrees to pay some costs of completing the Services (such as equipment to complete the Services), the Nurse is solely responsible for obtaining any reimbursement from the patient. CareAllianz advises Nurses not to agree to incur costs in advance of receiving the payment for these costs, unless the Nurse is confident the patient will reimburse the costs promptly.
3.13 For the proper operation of the CareAllianz Platform (including insurance, proper pricing and compliance with Policies), the Nurse must not subcontract any part of the performance of the Services to a third party.
3.14 If CareAllianz determines at its sole discretion that You have breached any obligation under this clause 3 or that You have breached one or more job Contracts, it reserves the rights to remove any content, Post you have submitted to the CareAllianz platform and cancel or suspend or blacklist Your account and/or any jobs.
3.15 Nurses understand that its mandatory to check presprictption before administering any medication. No medication should be administered without a valid prescription.In an event nurse breach this protocol and administer which results in any complication then the nurse is only liable for any legal and criminal cases against him/her.
4.1 Upon the creation of a job request, the Nurse and patient each owes CareAllianz the respective portion of the Service Fee. The Service Fee will automatically be deducted from the Agreed Price at the time of payment.
4.2 If the Posted job requires a Nurse to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
4.3 Fees do not include any fees that may be due to Third Party Service providers.
4.4 All Fees and charges payable to Nurse are non-cancellable and non-refundable after completion of the job.
4.5 If CareAllianz introduces a new service on the CareAllianz Platform, the Fees applying to that service will be payable as from the launch of the service.
4.6 CareAllianz may set-off any Fees against any Nurse Funds or other amounts held by Nurse on behalf of a User.
4.7 CareAllianz may restrict a User's account until all Fees have been paid.
4.8 CareAllianz reserves the right to determine and change service fees?
5. PAYMENTS AND REFUNDS
5.1 If the job is cancelled for any reason (by a patient, a Nurse or under this Agreement) prior to the commencement of the job Contract, then no charges are laid to the patient.
5.2 CareAllianz will not charge the bank accounts stored within the platform for the nurse or patient until the job is complete.
5.3 Cancellation of a job will be attributable to the Patient where:
(a) the patient and the Nurse mutually agree to cancel the job ; or
(b) following reasonable but unsuccessful attempts by a patient to contact a Nurse to perform the job , the job Contract is cancelled by the patient; or
(c) the Nurse cancels the job ; or
(d) a job Contract is cancelled in accordance with clause 3.14 as a result of the Nurse’s actions or breach.
5.4 A Cancellation of a job Contract will be attributable to a Nurse where:
(a) the patient cancels the job Contract
(b) a job Contract is cancelled in accordance with clause 3.14 as a result of the patient’s actions or breach.
6. PAYMENT FACILITY
6.1 CareAllianz uses a Third party Payment Provider to operate the Payment Account.
6.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://www.cashfree.com/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
6.3 If CareAllianz changes its Payment Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
7. VERIFICATION & BADGES
7.1 CareAllianz may use Identity Verification Services.
7.2 You agree that CareAllianz Identity Verification Services may not be fully accurate as all CareAllianz Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
7.3 You are solely responsible for identity verification and CareAllianz accepts no responsibility for any use that is made of an CareAllianz Identity Verification Service.
7.4 CareAllianz Identity Verification Services may be modified at any time.
7.5 The CareAllianz Platform may also include a User-initiated feedback system to help evaluate Users.
7.6 CareAllianz may make Badges available to Nurses. The available Badge can be requested by the Nurse via the Nurse Platform, and arranged on behalf of the Nurse and issued by Nurse, for a fee. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Nurse and determined by CareAllianz or a third party verifier which shall be governed by its terms.
7.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a job , you do so aware of this limitation. You should seek to verify any Badge with the CareAllianz prior to commencing the job.
7.8 It remains the Nurse's responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform CareAllianz immediately if a Badge is no longer valid.
7.9 Nurse may, at its discretion, issue Badges to Nurses for a fee.
7.10 The issue of a Badge to a Nurse remains in the control of CareAllianz and the display and use of a Badge is licensed to the Nurse for use on the CareAllianz Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the CareAllianz Platform.
7.11 Nurse retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Nurse.
8. COVID-19 VACCINATION BADGES
8.1 For a COVID-19 vaccination badge (Covid Badge) to be added to your Nurse user profile, You must provide Nurse with a copy of your government issued COVID-19 vaccination documentation (Covid Documentation). By providing the Covid Documentation for assessment, you represent and warrant to Nurse that the Covid Documentation is genuine and was issued to you by the relevant federal or state government authority. You also represent and warrant that all information you provide in relation to the Covid Badge verification process is true, accurate, and not misleading, deceptive or fraudulent in any manner. If you provide any data that is not true and accurate or is misleading, deceptive or fraudulent you may be barred from using the CareAllianz platform in future.
Consent to Process Data
8.2 By submitting your personal information or otherwise using the CareAllianz platform or presenting a Covid Badge on your profile, you consent to the use, processing and storage of your personal information, including sensitive medical data provided, in accordance with these terms and conditions. You expressly acknowledge that CareAllianz may provide your personal information to any third party service provider contracted for the purposes of assessing your data. CareAllianz (and its third party processors) may store your personal information for the duration of your period as a User of the CareAllianz platform and up to 6 months after you terminate your profile on the platform.
8.3 CareAllianz (or its third party processors) will assess the Covid Documentation provided by a User and verify that:
- the Covid Documentation is consistent in form and content with certificates then being issued by the relevant federal or state government authority;
- the name on the Covid Documentation matches the name of the User (Customer or Nurse) recorded on the CareAllianz platform.
• CareAllianz will take no other steps to verify the validity of the Covid Documentation. Once this information is verified the Covid Badge will be issued. The Covid Badge is evidence that Nurse has carried out the above steps only. CareAllianz gives no warranty or representation that the Covid Documentation has been properly issued or is otherwise current and valid, or that the User has been vaccinated.
8.4 You understand and agree that individual Users (Customers or Nurses) are solely responsible for the accuracy of the information they provide and CareAllianz does not undertake investigations in relation to Users’ vaccination status. You further understand and agree that it is solely your responsibility to verify the vaccination status of any User (Customer or Nurse) you may come in contact with during the course of a job, whether or not they have a Covid Badge. You expressly release, indemnify and hold CareAllianz and nurse and its third party processors from any and all loss, liability, injury, death, damage, or costs arising or in any way related to the Covid status of a User in relation to any services provided or acquired through the Nurse platform.
9.1 You can complain about any comment made on the CareAllianz Platform using the 'Message Support' whatsapp function of the CareAllianz Platform or contact CA support via the CareAllianz Platform.
9.2 CareAllianz is entitled to suspend or terminate Your account at any time, in its sole and absolute discretion, is concerned by any feedback about Nurse/user, or considers Your feedback rating to be problematic for other CareAllianz Users.
You agree that:
● Your submissions and their contents will automatically become the property of CareAllianz , without any compensation to you;
● CareAllianz has no obligation to review your submissions;
● CareAllianz may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and
● CareAllianz has no obligation to keep your submissions confidential.
10. CAREALLIANZ LIABILITY
CareAllianz has “NO” liability on the quality or issue of the care provided by the nurse. CareAllianz will take active feedback and conduct training and education to nurse.
CareAllianz will not be responsible for any criminal behavior or misconduct by both nurses or patients. CareAllianz will cooperate with the police or lawyers if they are involved to help both patient or nurses in investigating and banning users from the platform.
11.2 CareAllianz will endeavor to permit you to transact anonymously on the CareAllianz Platform. However in order to ensure CareAllianz can reduce the incidence of fraud and other behavior in breach of the Community Guidelines, CareAllianz reserves the right to ask Users to verify themselves in order to remain a User.
11.3 When users sign in as guests they will be able to view a limited number of nurses profiles. This is only to provide a view on the quality of the nurses who are registered on the platform.
12. MODIFICATIONS TO THE AGREEMENT
12.1 CareAllianz may modify this Agreement or the Policies (and update the CareAllianz pages on which they are displayed) from time to time. CareAllianz will send notification of such modifications to Your account or advise You the next time You login.
12.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the CareAllianz Platform in any manner, including engaging in any acts in connection with a job, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective
12.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify CareAllianz who will terminate Your account, and stop using the CareAllianz Service.
13. NO AGENCY
13.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind CareAllianz, its related entities or affiliates in any way whatsoever. CareAllianz confirms that all Third Party Services that may be promoted on the CareAllianz Platform are provided solely by such Third Party Service providers. To the extent permitted by law, CareAllianz specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.
14. MEDIATION AND DISPUTE RESOLUTION
14.1 CareAllianz encourages You to try and resolve disputes with other Users directly. Accordingly, You acknowledge and agree that CareAllianz may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
14.2 If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
14.3 CareAllianz may elect to assist Users resolve disputes. Any User may refer a dispute to CareAllianz. You must co-operate with any investigation undertaken by CareAllianz. CareAllianz reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You should not raise your dispute with the other User or CareAllianz determination in any applicable court.
14.4 CareAllianz has the right to hold any Agreed Price that is the subject of a dispute in the Account, until the dispute has been resolved.
14.5 If You have a complaint about the CareAllianz Service please contact us via email email@example.com.
14.6 If CareAllianz provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Nurse for any costs, losses or liabilities incurred by Nurse in relation to any claims relating to any other use of information not permitted by this Agreement.
15.1 User may terminate your account and this Agreement at any time for any reason.
15.2 Termination of this Agreement does not affect any job that has been formed between CareAllianz Users.
15.3 Sections (Fees), ( Liability) and (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
15.4 If Your account or this Agreement are terminated for any reason then You may not without CareAllianz consent (in its absolute discretion) create any further accounts with CareAllianz and we may terminate any other accounts You operate.
16.1 There could be instances where the CareAllianz platform may be down due to planned or unplanned outages.
16.2 If there is a planned outage then we will give sufficient notice to all our users about the downtime, so that users can be aware of the issue and CareAllianz will do everything practically possible to ensure these planned outages are kept to a minimal
16.3 If its an unplanned outage due to thridparty platform or a service then CareAllianz will work with the relevant party to ensure the service is up and running at the earliest.
16.4 CareAllianz is not responsible for any losses incurred by the user during a planned or an unplanned outage.
17. MODIFICATIONS TO THE AGREEMENT
17.1 CareAllianz may modify this Agreement or the Policies (and update the CareAllianz pages on which they are displayed) from time to time. CareAllianz will send notification of such modifications to Your account or advise You the next time You login.
17.2 When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the CareAllianz Platform in any manner, including engaging in any acts in connection with a job, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective.
17.3 If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify CareAllianz who will terminate Your account, and stop using the CareAllianz Service.